March 1, 2019
The issues surrounding the employment status of Uber drivers continues to rumble on after the Court of Appeal rejected the company’s latest challenge against the decision that drivers engaged by Uber are workers as opposed to independent contractors.
The distinction is important as if the drivers are held to be workers, they are entitled to rights such as the national minimum wage and holiday pay. The definition of a worker has been considered in a number of cases recently involving Deliveroo & Pimlico Plumbers.
Uber have appealed the decision and the Supreme Court are set to look at the issue later this year. It is hoped that the Supreme Court take the opportunity to provide clarity on an issue that affects those involved in gig-economy industries. Until then it is important that companies consider the nature of their relationship with workers and contractors rather than relying on the terms of any contract, as the Employment Tribunal will look beyond any agreement and examine how the relationship works in reality.